The trial court's failure to assess the appellant's mental fitness violated procedural safeguards, rendering the trial invalid and leading to acquittal.

JUDGMENT :

SANJEEV KUMAR SHARMA, J.

1. Heard Mr. D K Bhattachharya, learned counsel for the petitioner. Also heard Mr. B Sarma, learned counsel appearing for the respondent No. 2.

2. This appeal is directed against the Judgment & Sentence dated 22.03.2022. passed by the learned Sessions Judge, Morigaon, in Sessions Case No. 155/2014, whereby the petitioner/appellant was convicted under section 304 (Part-1), IPC and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 5,000/- (Five Thousand) only and in default to suffer simple imprisonment for further 2(two) months.

3. The prosecution case in a nutshell is that on the basis of verbal intimation received on 20.01.2014 at around 8:30 P.M. from one Sibaprasad Medhi regarding the murder of one Prabin Medhi, a Morigaon Police Station G.D. Entry, being G.D. Entry No. 484 dated 20.01.2014, was recorded. On the basis of this Entry, the police started investigation into the matter on that very night. They proceeded to the place of occurrence and took the present appellant into custody for the alleged offence. On the very night of 20.01.2014, the police had conducted the inquest at the place of occurrence and forwarded the dead body of the deceased for post-mortem examination.

4. On 21.01.2014 at about 10:00 A.M., one Ratul Medhi, i.e. the Respondent no. 2 herein, who is the brother of the appellant, lodged a First Information Report inter alia stating that on 20.01.2014 at around 7-8 P.M., his brother Ratan Medhi killed their uncle Prabin Medhi at their courtyard by inflicting axe blows on the person of Prabin Medhi. It was alleged that while the appellant was quarrelling with his father, Jiban Medhi, the deceased, Prabin Medhi had come there to mediate on the issue when the appellant had inflicted the axe wounds. Based on the said FIR dated 21.01.2014, Morigaon P.S. Case No. 23/2014 was registered as against the appellant herein under section 302, IPC.

5. That during investigation, the I.O. arrested the accused person/ appellant, visited the place of occurrence, seized an axe which was the alleged weapon of the offence and also seized the woolen sweater of the deceased Prabin Medhi. The axe and the woolen sweater were sent for FSL examination to the Directorate of Forensic Science, Kahilipara. On the basis of the FSL report, post mortem report, and materials collected during investigation, on 31.07.2014, the Investigating Officer filed charge-sheet against the appellant under section 302, IPC.

6. That, thereafter, on appearance of the accused person and after purportedly observing necessary formalities, the offence being exclusively triable by a Sessions Judge, the case was taken up for trial by the Learned Sessions Judge, Morigaon. On appearance of the accused and after considering the materials on record, on 18.12.2014, the Learned Trial Court framed charges under section 302, IPC, against the accused person to which the accused person pleaded not guilty and claimed to be tried.

7. In course of trial, prosecution examined as many as 14 (fourteen) witnesses, including the investigating officer and the medical officer. After closure of the prosecution witnesses, the accused person/ appellant was examined under Section 313, Cr. P.C.

8. On consideration and appreciation of the evidence of the afore